Revolutionary War Pension and Bounty Land Warrant Application File R. 3,688, Wareham Foster, Conn Continental.

SERVICE
Anna continental
Foster, Wareham Lucretia
NUMBER
R. 3688
CONTENTS
[Lined area for handwritten entries]
[Lined area for handwritten entries]

Declaration
In order to obtain the benefit of the provisions of the third section of the act of Congress of the 4 th of July 1836.
State of Connecticut Tolland County, Ss Ellington,
On this 24 th day of October 1836 Personally appeared before the court of Probate for the district of Ellington in said County of Tolland, Widow Lucretia Foster, a resident of said town of Ellington in the County & State beforementioned, aged 79 years, a credible person, who being first duly sworn according to law, doth on oath declare; That she is the Widow of Nathaniel Foster formerly a resident of said Ellington, who served in the army of the revolution in different capacities, first as a private soldier, in Col George Pithins company, in the campaign at Roxbury for a period of seven months, viz, from May to December in the year 1775. And that, afterwards, he served in the Connecticut line of State troops, from May 1777 to the capture of Cornwallis at York Town in October 1781. That a part of the time, he was a Sergeant, & for more than two years he was a Sergeant Major, in Col Sherburnes Regiment & afterwards, in some other regiment which she cannot specify. She has often heard him tell of being in Sherburnes Regiment and that he was present at the capture of Cornwallis at Yorktown, some

months
after which, she believes, he was dismissed, but not till after the birth of her first child
She further declares, that she was married to the said Wareham Foster on the 15 th day of July A 1781, by Daniel Ellsworth Esq., of that part of the town of East Windsor then called Windsor Goshen, & attached to Hartford County, and which has since been incorporated into a town called Ellington, and attached to Tolland County, in the state of Connecticut. Her husband, the said Wareham Foster, came home on furlough, was married, and in a few days returned back to the army. They were married without parade the witnesses were Mr Ellsworth's family, who are now all dead & gone, her sister is & was knowing to the marriage & she will endeavor to procure her certificate. A record of the marriage is contained in the family Bible, made many years ago, which is the oldest record of the event with which she is acquainted. She does not know whether there is any public record of it, search will be made to ascertain.
She further declares, that her said husband, Wareham Foster, died at said Ellington on 23 rd day of January A 1817. And that she has remained a widow ever since that period, as will more fully appear, by reference to the proof, hereto annexed. The family record from the bible will be sent, The Wareham Foster married July 15: 1781 was my husband & I was then married to him. L. S. Subscribed  Subscribed Sworn to and subscribed on the day and year above written before said court of Probate

And the said court do hereby declare their opinion, after the investigation of the matter, and after putting the prescribed interrogatories, (so far as they are adapted to this case) That the applicant is the widow of the said Wareham Foster, a Soldier of the revolution. That she was married to him before the last period of his services in the revolutionary war and that the said Wareham Foster has been dead, nineteen years last January.
That the applicant the said Lucretia Foster has remained a widow ever since that period.
I Albert Pinney Clerk of the court of Probate for the District of Ellington in Tolland County and State of Connecticut hereby certify That the foregoing contains the original proceedings before said court in the matter of the application of Lucretia Foster Widow of Wareham Foster late of said Ellington for a Pension. And I further certify that Joshua Bussey Esq before whom the certificate of Mrs Hetta Houghton of East Windsor aforesaid was taken is a lawful justice of the peace for said county of Hartford and has been for four months last past and that the signature purporting to be his is his genuine signature. I further certify that Oliver H Young Esq before whom the certificate of Roswell Smith was taken is a lawful justice of the peace for said Tolland County and has been for more than four months last past & that his signature to the said certificate purporting to be his

is his genuine signature
In testimony whereof I hereunto set my hand and affix the seal of said court of Probate this 24 th day of October 1836
Attest Albert Piny Clerk
Frederick G. Phelps apprehension

State of Connecticut } County of Tolland } ss Ellington December 7. 1852 We it remembered that on this first day of December D 1852 I Lyman Foster of Ellington do make known and declare that I am the Son and heir at Law of Lucetta Foster late of Ellington aforesaid who was the wife of Wareham Foster of said Ellington a Revolutionary Soldier who served about three years as is supposed under Colonel Henry Sherburne Colonel and Commander of a Regiment of Foot raised in Defence of the thirteen United States of America commencing said service about the month of January D 1778 and that he served as a teamster in the army of the said thirteen United States during the Revolutionary War and as is supposed in some Station of Command in that grade of service from about the month of July D 1781 until the capture of Cornwallis at York Town that the said Wareham Foster was married to the said Lucetta then Lucetta Hills July 15. D 1781 - that he died January 23. 1817 and that she the said Lucetta Foster died April 4 th D 1838 that neither the said Wareham nor Lucetta nor the heirs of either of them have received any thing on account of said services of said Wareham that this claimant is now sixty three years of age and it is understood and believed that there are managers of pensions and other claims due for said services. Note

therefore the intent of this is to qualify and mevocaly appoint John D. Proctor of Farmington aforesaid as my attorney with power of substitution to investigate substantiate demand and receive the avails of said claim ordains and to say and do all things relative thereto as amply as I might do hereby ratifying every thing by my said attorney or his substitute in virtue hereof hereby revoking all power of attorney or other authority previously given for any such purposes. In witness whereof I have hereunto set my hand and seal this aforesaid first day of December 1852
attest Horatio Dow
Lyman Foster
Mary F. Brockway
Subscribed sworn to and acknowledged before me this first day of December 1852
Oliver Phelps — Justice of Peace

Portion of Letter to J. H. Brockman
[Faint, mirrored cursive text, likely bleed-through from the reverse side of the page]

Know all men by these presents that We Charles McKinney and Harriet McKinney his wife of Warrenton in the State of Connecticut have made constituted and appointed and by these pres- ents do make, constitute and appoint John W. Brockway of Ellington in the State of Connecticut our true and lawful attorney for us and in our names & for our use to institute & prosecute a claim or claims for pension to which the said Harriet McKinney is entitled as the only child and sole heir of Wareham Foster late of said Ellington, a revolutionary soldier who died January 1817. and also for such pension money as said Harriet may be entitled to receive as the only child & sole heir of Lucre- tia Foster widow of said Wareham Foster, who died in the year 1838; and any sum or sums of money which either of us may be entitled to receive from the proper officers of the United States, by virtue of hereditary to either the said Wareham Foster or Lucretia Foster his widow, to ask, demand, and receive. And attorney or attorneys under him to appoint for that purpose hereby ratifying all that he or they may do in the premises.
In Witness whereof we hereunto set our hands and seals this 9 th day of April 1853
In presence of } Charles M. McKinney (Seal) W. W. Lathrop } Harriet M. McKinney (Seal)
Witness Geo. M. Doolittle.

State of Connecticut
County of Hartford } ss
On this 9 th day of April A.D. 1853 before me a Notary Public within and for said County, per- sonally appeared Charles M c Kinney and Harriet M c Kinney and acknowledged the foregoing power of attorney to be their act and deed for the purposes therein expressed.
Witness my hand & seal of Office at Hartford the day and year aforesaid
Norman W. Darrow Notary Public

THE HOLY BIBLE, containing the OLD AND NEW TESTAMENTS Newly TRANSLATED out of the ORIGINAL TONGUES; And with the former TRANSLATIONS Diligently compared and revised. BY His Majesty's Special Command, appointed to be read in CHURCHES.
GOVERNMENT Printed by Thomas Newcomb and Thomas Green Printers in Ordinary to His Majesty.

Married December 10 th Day Anno 1755
William Born October 4 th Day Anno 1756
Chauncy Born Jan y 15 th Day Anno 1759
Abraham Born February 4 th Day Anno 1765
Born October 1 st Day Died Aug t 31 st 1769
Abigail Born June 10 th Day Anno 1771
Mary Born June 11 th Day Anno 1773 Died Nov r 19 1807
Abel Foster died June 11 th Day Anno 1770
Hannah Foster died Jan y 23 rd Anno 1777
Wareham Foster Married July 15 th 1791
Hannah Foster Born Feb y 1 st Anno 1782
Symon Born Nov r 19 th Anno 1783 Died Jan y 2 nd Anno 1788
Harriet Born October 1 st Anno 1785 Died March 2 nd Anno 1798
Lyman Born Sept r 16 th Anno 1789
Harriet Born Sept r 13 th Anno 1790
1828
1798
3
1782

State of Connecticut } S Ellington Tolland County }
On this 24 th day of October A 1836
Personally appeared before the court of Probate for the District of Ellington in said Tolland County. Widow Charlotte Foster a resident of said Ellington aged 69 years a credible person, who being first duly sworn according to Law doth on oath declare That she is the sister of the Widow Lucretia Foster, a resident of said Ellington That she has lived near her almost all her life time, That she is well knowing to the fact That her said sister Lucretia Married Warham Foster that the said Foster married her sister aforesaid while a member of the army of the revolution That the said Foster came home from the army & was married to my said sister Lucretia and in a few days went back to the army, & staid, I should think some months, how many cannot exactly say. She has no records by which to ascertain the exact period of the Marriage The fact of his coming home marrying my sister and returning back to the Army are facts fresh in her recollection & sd Foster did not return till after the birth of her first child which happened the day & year aforesaid

in the month of February after Cornelius was taken Charlotte Goff
Sworn to and subscribed the day & year before mentioned
Before said Probate Court Attest Albert Pinney Clerk
Widow Charlotte Goff

Acts of July 14, 1862, and March 3, 1873.
3688.
3
P. O.
Lucretia Foster
Service: _____
Enlisted: REJECTED _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized.
_____ Contract.
_____ Cert. of Dis.
Searched for _____, 18

In the report of the Sec'y of the Interior, dated Feb'y 16 th 1852. The name of Leavitt's Grove is found "Benson for despatching Shepherd for the sheep"
A definite statement of the soldiers service given, official end of duration, is required in order to an inscription of the Roll

A Commissions
in Defence Eugene Colard and Commander of a Regiment of Foot, raised of the the United States of America.
To Richard Foster Greeting. — — —
Whereas Special Commission in your courage skill and war conduct is by the said Constitution and Special Commission to Richard Foster to be Adjutant Major of the said Regiment now under the Command, you are therefore faithfully and diligently to exercise the several Trusts and Duties of said Office, in a strict and careful discharge of the same; and you are to Observe and all by all such Orders as you may from time to time receive from the said Richard Foster or his Successors in said Office.

Whereas Special Confidence in your courage skill and good Conduct, I do by these Presents constitute and Appoint you John Wesley to be Sergeant Major of the said Regiment now under my Command, you are therefore faithfully and diligently to exercise the several Duties and Rules of said Office, in a strict and careful discharge of the same; and you are to Observe and obey all such Orders as you may from time to time receive from me, or from any of my Superior Officers; and to instruct them the said Regiment in the use of Arms and all Necessary duties, Committed them to Charge as their Sergeant Major, for which this shall be your Sufficient Warrant!
Given under my Hand and Seal at Fish-Kill — This 10 th Day of January Anno Domini 1778
H. Sherburne Col:

Lucretia Foster
Wareham Foster died in 1877
J. P. Pease's appeal
The claimant in her declaration swears, that Wareham Foster left the service on furlough came to Ellington about where she resided, for the purpose of marrying her (that they were married), and that her husband immediately returned to the army. That this took place in July 1879. That her husband was at Yorktown & was there in 1879 at the battle of Appomattox.
Charlotte Foster testifies substantially to the same facts.
Rowell Smith, swears, that being in the army at the same time, he became acquainted with the fact, that he left on furlough, that he returned and was at Yorktown - town, where he saw him actively engaged. Foster was in service, after the surrender at Yorktown & did not return until late in July. 1882
Jonathan Duskland says the same thing, and also that he was commander of Artillery.
Heirs of Lucretia Foster Petition Congress July 24. 1882
Willis Allen's letter, —

Brief.
Lucentia Foster die? widow of Warham.
Coast.
Ach 4 th July 1836.

Lucretia Foster dec d widow of Wareham of Connecticut. Act 4 th July 1836.
Jonathan Buckland pensioned witness. 19 Oct. 1854: says he is a pensioned- All his life acquainted with Capt. Wareham Foster. Early in 1781 Foster appt d Capt. or Conductor of Teams. Deponent belonged to his company as Team- ster. & when near White Plains, deponent & 5 others left his company & escaped tho' hotly pursued. Soon after volunteered to go to New London & served 2 months, & afterwards engaged for 1 year to serve at Horse Neck. Knows it was early in fall of 1781 from the fact that soon after deponent returned to Ellington, New London was burned, & immediately turned out as above stated: Foster was, at the time, at the South as he said & was at the taking of Corn- wallis, & returned to Ellington in winter following bringing two large Virginia horses.
Warrant to Wareham Foster appointing him Serg t Major 19 th Jany 1778. signed H. Sherburne Col.
Jonathan Buckland in his own application says, that on or about last of Apr l or 1 st May 1781, he enlisted as Artillery driver under Capt. Wareham Foster then of East Windsor now Ellington & served four months, served and after going to Hartford & Danbury went to White Plains, & there joined the French army at "Mile Square". His business was to cut forage for the horses. Wagon Master Gen l .
Jonathan not pensioned for the Team Service.

was a Frenchman called by (us) then Cherette. He remained till the army marched for Yorktown. Deponent then returned home.
On Wallace (a pensioner) (Buckland witness) says. B. enlisted last April or 1 st May 1781. as an artillery driver under Capt. Wainham Foster & served 4 months. B. marched from Windsor to Hartford, thence to Danbury, thence to White Plains, & joined French Army at "Mile Square". B's business was to cut & procure forage. Wagon Master Genl. name was Cherette, - remained there till the Army marched for Yorktown, & then B. returned home. Deponent served with B. under Capt. Foster & performed same service & left, service when he died.
Witnesses and pensioners for the service of the Revolutionary War
Roswell Smith in his application says, ( his pensioner for the service after detailing other service), that about 20 th April 1781, he enlisted as a Teamster for 8 months - went to Coventry, thence to Hartford, thence to North River, thence to White Plains, thence crossed the North River & went with the Army to York Town, Va. & remained there till Cornwallis was taken & returned home at the end of eight months.
Smith is a pensioner for his service in the Revolutionary War
The above is all the evidence on file in this Office. The application of Cherette & affidavits of Roswell Smith and Jonathan Buckland as well as all her other evidence, have been lost or destroyed.
An appeal was taken on this case under Act 4 July 1836

to the Secretary of War, on 8 th Jan'y. 1846. Mr Edwards, in his report to the Secretary of War admits the service of Foster as Serg t Major for 3 years ending 30 th April 1780, as well as the mar- riage of Wareham Foster & Lucia on 15 th July 1781, but objects to the proof of service after marriage. His objections are 1 st The Regiment & Company to which Foster belonged are not set forth in the affidavit. 2 o The improbability of the statement - Russell Smith swearing that Fos- ter was a Serg t Major in the Connecticut line in Sept r & Oct r 1781, and the Roll, embracing that period not showing his name. 3 o Abandonment of claim (by agent) under Act 4 July 1836.
Mr Pease in his argument endeavours to rebut these objections - resting the case upon the affidavits of Smith & Buckland. From no allusion being made to the fact that Smith was a pensioner for his Team service to and at Yorktown, it is presumed his applica- -tion was not examined by Mr Edwards.

House of Reps
- Feb 24 "1852
Sir.
The Heir of Wareham Foster late Capt. Votkins Co. La Revolutionary war has petitioned Congress for a Pension and referred my Committee to proofs on file in your office in support of his claim.
Will you please furnish the proofs on file or copies of the same as may be the practice of your office to assist the Committee in arriving at a conclusion in the premises.
I am Rep. sincerely
Yours etc sent
Willis Allen
Comm. Rev. Pensions
Comm. of Pensions
Present
Wareman Foster was from Ellington, state of Connecticut The papers desired was filed from the same place by Lucretia Foster

Judge Falcott Certificate
Wm. H. Sertner

State of Connecticut
County of Tolland } S.S. Probate District of Ellington January 29 th 1853.
I Phineas Folsom Judge of the Court of Probate within and for said District of Ellington, do hereby certify that satisfactory evidence has been exhibited to said Court in open Court held at the Probate Office in said District on the day and year aforesaid that Wareham Foster of Ellington in said District, was a soldier of the Revolution, that he was at the time of his decease a resident of the said town of Ellington, and died in said town on the twentythird day of January A.D. 1817; that he left a widow by the name of Sueetie Foster whose maiden name was Sueetie Hills, to whom he was married on the fifteenth day of July A.D. 1781; that the said Sueetie Foster deceased at said Ellington on the fourth day of April A.D. 1838, and that she left the following named children who now survive her, Symon Foster and Harriet the Kimmey. In testimony whereof I have hereunto set my hand and caused the seal of said Court to be hereunto affixed the day and year first above written.
Phineas Folsom Judge

Pension Office
March 8, 1852.
Sir,
Agreeably to your request, I enclose herewith the papers in the case of Lucretia Foster, widow of Wareham Foster, an applicant for a Revolutionary pension.
I am very respectfully Your Obt. Svt.
D. DALLAS Commissioner of Pensions.
Hon. Willis Allen H. of Reps.

Hartford April 9 th 1853
Hon John H. Brockton Ellington Ct. Sir
I enclose herewith to you a special power of attorney from Chas McMinner and Harriet his wife she being sole heir of Wareham and a ducentia Foster of the town of Ellington - County of Tolland - State Connecticut - to prosecute the claim of de Wareham Foster to a pension for services rendered in the War of the Revolution.
I am informed that it will be necessary to present the claim of the widow of de Wareham Foster separately from his personal claim. Of course you will satisfy yourself on this point.
Presuming that you will prosecute the claim as expediently as the circumstances in the case will ad- mit of
I remain
Truly Yours
Geo. M. Doolittle

I Lyman Foster of Ellington in Tolland County and State of Connecticut of lawful age being duly cautioned and sworn depose and say that I am the son of Warham Foster late of Ellington aforesaid deceased and that my Father the said Warham Foster died at Ellington in the year of our Lord one thousand Eight hundred and seventeen that my Father was as he often declared in my hearing an Officer in the war of the American Revolution and that the warrant from Colonel Henry Sherburn hereunto annexed and marked A. was found among my Father's papers at his decease that I have often seen it in his possession while he lived and have from my earliest recollection seen him exhibit & hear him talk about said warrant and the service he rendered in virtue of it to his country during said war and that said warrant came into his possession at the decease of said Warham as being the said Warham's heir at law and furthermore depose saith met Lyman Foster
State of Connecticut County of Tolland ss. Ellington January 31. 1853 Personally appeared before me Lyman Foster who has subscribed the foregoing deposition and who is well known to me and is a man of truth and veracity and made solemn oath to the truth of the same in Attest Oliver W. Steele Justice of Peace

Hon. John H. Brockway power of substitution Sam R. Waldo

Know all men by these presents, that I John H. Brockway of the town of Ellington in the County of Tolland and State of Connecticut, the person named in the power of attorney executed by Symon Foster of the said town of Ellington and dated the 11 th day of December 1852, do hereby substitute and appoint Green P. Waldo of the town of Tolland in said Tolland County, in my place and stead to prosecute the claim of said Symon Foster before the proper Department in the City of Washington for any and all sums of money that may be due said Foster from the United States on account of the military services of Wareham Foster dec d the father of said Symon either in right of the said Wareham or in right of Lucretia Foster dec d the widow of said Wareham and mother of said Symon; and I do hereby give to said Waldo full power and authority to do and transact all things necessary and proper to be done in the premises in as full and ample a manner as I myself could do if personally present; and I hereby for myself and for the said Symon Foster fully ratify and confirm whatever the said Waldo shall lawfully do in the premises. In witness whereof I have hereunto set my hand and seal this 25 th day of January A.D. 1853. —
In presence of
John H. Brockway.
State of Connecticut
County of Hartford } ss. Hartford January 25, 1853
Then personally appeared Hon. John H. Brockway the signor and maker of the foregoing power of attorney, who acknowledged the same to be his free act and deed. Before me
J. M. Bristol Notary Public

Eernington June 28, 1854 Hon. L. P. Walker
Sir
I introduce to you Mr John H. Weed to whom I have given the papers in Mrs. Lucretia Foster's pension application; Please attend to the case if right grant the pension oblige
Your old friend J. H. Morris

n o 462.
Lucretia Foster, widow of Wareham Foster, under act 4 July '36 - 1 st section.
Connecticut.
See letters to J. Charlton, 15 November 1836; to same July 1837; 1838; to H. H. Sylvester, 5 May to same Aug. 8. 1823; to same, 1824; 25. 1824; to Sec. War, 8 Jan. 1824. 1/1 T. T. Brown, Ap. June 25/46. 1/1 K. M. 20 Decr. 1852.

Ellington Dec 1852 Brother Waldo
I send you Capt. William Foster's warrant along with Lyman Foster's power of attorney. Most if not all the facts I have in my possession come out or are stated in the power of attorney. I do not precisely learn when Mrs. Lucretia Foster deceased made her application for pension but from all I know should suppose it was about the time of the passage of the act of Congress for widows of Revolutionary pensioners. Make the form of substitution as you wish and I will sign it.
I hope to get a power from him of Lois Puchland which will make you two good cases out of which we may save something.
Yours truly John H. W. Harvey Hon. S. P. Waldo.

East Windsor Hill Hartford County Conn
July 21 1838
Sir.
The papers in the application of Lucretia Foster, widow of Murcham Foster of Ellington Connecticut, are on file in your office. In your letter of Nov. 15. A 1836, you ask for such proof as is pointed out in Note (1) I immediately had it sought after, and that I could obtain was from three persons who were at the siege of Yorktown & saw him conducting the cannon into the trenches. these men who are pensioners (viz Jonathan Buckland Leonard Rogers & Leverett Millard all of Tolland County) could not say precise- ly when he entered the service the last time or how he left it, & as I could not get the proof required I did not send any answer. As the case stands fully proved in the papers on file & by documentary evidence in Col. Sherburne's Reg & the proof of the marriage is not objected to, will you take up the case under the last act & grant the widow what she is entitled to under that. The case is one of uncommon merit

Wareham Foster was out at Roxbury in Col George Pithins Comp in 1775 for seven months & at New York in Col Gay's Regiment for 6 mo s in 1776 as I have been informed. I have his name on Col o Pithin payroll, I did not state these services, I think in the Declaration, as the object was to state enough to get a full pension & not to detail a long story & as the service in the State line was enough for that. As Mr Fosters services were long, in the Army & his character that of a Brave man & as his Widow is now very poor the two last circumstances I state on sound inform- ation; I knew Foster in his life time; I would ask that the case may be looked at pretty soon; I am persuaded it will occupy but little time to examine & decide upon it.
I am Sir, very respectfully
Your Obedt Servt
Jesse Church
J. L. Edwarols Esq Commissioner of Pensions

Register's Office. East Windsor October 19 th 1830.
I James Moore Clerk and Register of the Town of East Windsor hereby certify that on examining the records of marriages in this office I do not find the marriage of Warham Foster and Lucretia Hills recorded under any date. — And I further certify that the records of East Windsor-Goshen, now the town of Ellington, were kept in East Windsor until the year 1786 — and that the entries of marriages on the records of this town are so irregular and so few in proportion to the whole number solemnized, that it should create no prejudice against the claims of any parties that they were married at a given time, that it is not found in said records — there having been but four entered under Letter G. previous to the law of 1824. Attest, James Moore, Town Clerk.

Washington City July 19. 1844
Sir
The claim of Francis Weston of Conn. has been for some two years on file in your Office under the act of July 4 1836. The only objection (the authentication of some affidavits) to the case was removed in Oct. last. I do not feel at liberty to follow his advice by calling on the and of a M. C. @ New Haven before the acts of your that his case may be taken up @ your disposal if at an early day.
I am Yours Respectfully H. H. Sylvester
Hon. J. Edwards

Lucretia Foster ct
Wm. J. J. Pease Washington D. C.
L. T. Pease Presb.

Lucretia Hostetter D.C.
Hon. L. T. Pease Washington D. C.
L. T. Pease Prof.

East Windsor Hill P O Conn Nov 29 th 1845
To the Hon L T Pease Esq, Dear Sir.
1/30 The case I spoke to you about was that of Lucretia Foster, widow of Murcham Foster. He was in service nearly five years, & was regularly dismissed, as a Serjeant Major, in Shelburnes Reg t in 1780. This is allowed to be true. He was married to Lucretia Hill, the Declarant, July 15 1781: This is also admitted. The Declarant also avers, under oath, that after she married him, viz near the first part of Sept 1781; That he again entered the service; but whether as a volunteer, or by enlistment, she does not know: that he went to York Town, and there assisted at the capture of Cornwallis. This she has fully proved, by two credible witnesses, who were there; viz, by Captain Jonathan Buckland, of Ellington, & Mr Mearl Smith of Vernon, who both testify that they saw him there, employed with the Army, several times. That he directed one time about drawing the Cannon into the trenches; That at another time he was assisting in putting up the cabins or Barracks for the Soldiers & in various ways. The credibility of both these witnesses is certified by Judge Parry, & Hon. J. N. Brookway, who is known to the Commissioner as late of the House of Rep s . In Mr Edwards report of the case to me Nov 15 1836 He says; "But before a final decision can be had it should be shown to what regiment & company he belonged, after his discharge from Col Shelburnes Regiment, & in what character he served."
And in his second report, dated July 24 th 1838, He says; "If the witnesses can state the company, and Reg t , in which the last service as claimed of the claimants husband served, and in what capacity

the service was performed, and that he was regularly discharged from the army, it will be sufficient &c.
If I am not greatly mistaken, the following considerations claim particular regard. Viz, That we claim two higher grade than that of Serj Maj, of which there is documentary evidence, admitted by the Commissioner, and shown by the rolls, that he served in Coll. Shelburne Regt, as Sergeant from May 6. 1777, to Jan 1 st 1778; and as Serj Major from Jan 1 st 1778 to April 30. 1780: two years and four months. So that, unless the widow claims a higher grade than that of Serj Major it is not necessary to prove the grade, it is already determined, and the length of service, that is admitted to have been sufficient to entitle her to a full pension, if she can prove that her husband performed any military service, with the Army after she married him; if it was only as a private & only as a volunteer for even one week . From the manner in which Jonathan Buckland and Roswell Smith testified it can not be disputed that they saw Foster there; they state that explicitly. Not merely that they remembered his going away, from home; & that he told them he was going to join the army; Not that after he got back he told them that he had been there; & that that was all they knew about it. But they testify explicitly, that they both saw him there, several times; and that not as an idle spectator looking on from mere curiosity to see how other people toiled, but they tell what they saw him doing.
These witnesses are, of the character which entitles them to the fullest credit. This is proved by the certificate of two of the most respectable men in Ellington who are well acquainted with these witnesses.
And the witnesses had both been well acquainted with Foster the S erj Major from their childhood.
These two witnesses were both there as teamsters and they would be at all likely to know who was

his immediate commander, or what was his guide, If more or stronger proof of this had been uniformly required it would have cut off a vast many, honest & meritorious claimants.
Perhaps you had better see & consult with H. H. Sylvester Esq, first clerk of the Patent Office he presented it once to the Commissioner last year and wrote me that he thought it a good case, & that it must be allowed. I have much con- fidence in his good judgement. I think he will advise you to appeal it. If you think best to try to get Mr Edw. to reconsider the evidence again, do as you shall judge best: but if you cannot succeed with the Commissioner, I wish you to appeal to the Secretary.
I remain Sir, very respectful Your obd. St Jesse Charlton.
P.S. If you succeed I will see that you have $30= Dolls for yr services.
Hon L T Pease Washington D.C.

11 E 14 Charlton Br
FREE
L. Follen
H. H. Sylvester Esq Washington D.C.
H. H. Sylvester
June 12 43

East Windsor Hartford County Conn
Dear Sir.
At the suggestion of my father I think it best to drop you a few lines more in relation to the Widow of Wareham Foster, viz Lucretia Foster.
I think it is rendered entirely indisputable by the last proof sent, viz, the depositions of Captain Jonathan Buckland, and Mr Nozwell Smith, that Wareham Foster served with the Army at White Plains, and at York Town, in the Fall of 1781, and after he was married.
If we cannot ascertain the grade in which he served exactly, or the amount of Wages he drew, so as to raise the grade and pay above that of Sergeant Major, (the office in which he served for three years before his Marriage) I think it may with propriety be settled at that amount ,
Mr Edward stated in his letter to you, that Mrs Foster could have a pension under act of 1838, but as she knew & remembered will his leaving her, and being in the Army several Months after they were married, she could not if she were now living make that Declaration; viz, "That she was not married to him prior to his leaving the service".
The Widow died in the Spring of 1838, and left but two children, both quite poor, but such was the length of time Mr Foster served & such his fidelity & courage, & the sacrifices he made in the service, that his children are undoubtedly much the poorer for it

at this day. In the right of their matter they unquestionably have a meritorious claim, which I trust you will do your best to get established.
There is another claim which was sent by my Father, which lies suspended, the there is not a shadow of doubt but it is an honest claim.
It is that of the widow of Charles Brace, formerly of Berlin Conn. He was out in the Revolutionary War, in four tours, With Lemuel Smith, & Leonard Belden, & Elijah Brownson, & Hezekiah Andrews. Mr Smith was pensioned for his services, and by his testimony, (which was well corroborated by the Comptroller's Certificate the widows of Belden, Brownson, & Andrews, were pensioned under act 1838. Lemuel Smith informed my Father , that said Charles Brace was out with him in the four tours to which he testified in the cases above stated, and at his desire My Father wrote to Mrs Brace near Herkimer, State of New York, informing her, from Mr Lemuel Smith that by him she could prove the services of her husband. She made her declaration, & sent it to my Father , that she might procure the deposition of Mr Smith, and just at this crisis Mr Smith died, very suddenly.
Mr Smith had informed my father that he would testify to the four tours of service set forth in the Declaration of Mrs Brace.
He had testified explicitly to services performed by Belden, Brownson, & Andrews, & their widows have received their pension solely on the testimony of said Smith.
I My father made his legal affidavit that Mr Smith told him, that he was ready to testify to the services of Charles Brace, and death.

alone prevented.
Now in such a case as this, would it be unsafe to grant the pension on this peculiar state of the evidence.
If there had been the least doubt on Mr Smiths mind, he would not have requested me to father write Mrs Brace to inform her, that he, Mr Smith, could testify fully to his services.
At this time all the other persons who served in these wars are dead, not one person can be found who now knows anything about the services of any of these men.
As often as you hear any thing favorable please let me hear from you.
And you need not apprehend any delay in my sending any reward that we may agree on, for any services successfully rendered.
I remain Sir.
Most Sincerely
Your Obedt Servant
W H Sylvester Washington D. C.

Heirs of Wareham Foster, deceased
Report of Committee on Rev. Pensions
Miss Allen

Mr Willis Allen from the Committee on Revolutionary Pensions made the following Report.
The Committee on Revolutionary Pensions to whom  which were referred the petition of the heirs of Wareham Foster deceased, have had the same under Consideration and submit the following report; That said Wareham Foster was a soldier in the Revolution and rendered service in various capacities from that of a private soldier to Sergeant Major of a Regiment, to wit: He enlisted first into the Military Service of the United States in April 1775 in Capt Geo Pitkins Company of Connecticut State Troops and served seven months - soon after he enlisted in Capt Walcott's Company and served six months and after his discharge he enlisted into the regiment of Continental troops raised from Connecticut by Col. Sherburne, and served as Sergeant, Sergeant-Major and "Wagon Master or Teamster" for three years, and was present at the surrender of Cornwallis at Yorktown in October 1781. The proof of the last three years Service is conclusive, and your Committee report the accompanying bill for the relief of the heirs of Foster, with a recommendation that it pass.

I Jonathan Buckland a resident of Ellington in Tolland County Connecticut do hereby depose and say That I was well acquainted with the late Warham Foster of said Town I well remember that he served as a Serjeant Major in the Connecticut line of the continental army in the three years service I have heard him say he was in Col. Sherburnes Regiment I well remember that after he came out of the three years service he married Lucretia Wells his late widow
And I am well knowing to the fact that he was in the service in the year 1781 I saw him at White Plains and was there when he left to go to York Town The Continental line under General Washington to lay between White Plains and the North River and they crossed the North River against North Castle Church I well remember that the said Foster moved with the army for York Town I was left at White Plains I well remember he was conductor of the Artillery and was called Captain It was in September or August that said Foster left the White Plains for York Town
I saw soon after his return from York Town which I think was in Nov r 1781.
Jonathan Buckland
Sworn to and subscribed on the day & year first named before, and I certify that the deponent is a credible person & well known to me in testimony whereof I do hereunto subscribe my

name and affix my Seal of Office.
Attest Jesse Charlton Notary Public.
State of Connecticut ss. For the County of Litchfield Oct 14 1843 I hereby certify that I am acquainted with the within named Depreciated and can say he is a man of piety & integrity John D. Marsh
266.1 40. 14 422 70. 88
H. H. Sylvester Esq
11111

I Roswell Smith a resident of Vernon in Tolland County and State of Connecticut Do hereby depose and say, that I was well acquainted with the late Wareham Foster of Ellington in said Tolland County, I am well knowing to the fact that the said Foster served as a Serjeant Major in the con- nected line of the Continental Army. The said Wareham Foster was at Yorktown in September & October 1781, he was there at the Siege and I saw him directing in build- ing the huts to sleep in, instead of tents. I was myself in the Train Service and assisted in drawing the Cannon into the trenches preparatory for the Siege and being acquainted with said Foster I visited him at his quarters; And when I came away I left the said Foster in the encampment. I did not leave until after the Surrender of Cornwallis, which I think was the 19 th of October 1781, While I was drawing in the loads of Shot & Shells the enemys Shot flew around me & were very thick and fast, and one of the balls grazed my Ours thigh, but I escaped without being wounded.
In presence of Nabel Smith } Roswell Smith
Sworn to and subscribed on the day & year first named before me, and I certify that the deponent is a credible person to me well known In testimony whereof I do hereunto set my hand and Seal the Day & year aforesaid.
Attest Jesse Charlton Notary Public

Southern County ss Ellington. State of Connecticut Oct 14, 1843 I hereby certify that I am well acquainted with the within named Roswell Smith the person described in and can clearly readily say that he is a man of unimpeachable integrity surviving John H. Brockway
State of Connecticut ss. Office of Secretary of State
I certify that Depe Glaston Esq is & for more than six months last past has been a Notary Public within & for the said State duly appointed & commissioned, as appears of record in this Office - and that the two within signatures, purporting to be his are genuine. I also certify that John H. Brockway Esq whose signature is attached above, & also to the within instrument was a Member of the House of Representatives in the Congress of the United States from this State for four years preceding the 4 th of March last.
In testimony whereof I have hereunto set my hand & affixed the Seal of the said State this 14 th day of October A.D. 1843.
S. A. Phelps Secretary of State
I further certify that by the laws of this State Notaries Public are fully empowered to administer Oaths, take Depositions etc. Oct. 14. 1843
S. A. Phelps Secretary of State
Oct 4 July 36 Good Will Suzanne Foster
H. H. Sylvester Oct 20 1843

East Windsor October 24 th Connecticut 1836
Sir
I herewith transmit the application of Widow Lucretia Foster, of Ellington in Tolland County, Connecticut for a Pension, under the 3 rd Section of the act of Congress of July 4 th A D 1836.
The widow cannot specify in what office or capacity her husband served after the breaking up of Col t Sherburnes regiment.
She assures me that all the papers and documents her husband formerly had are all lost.
That he continued with the army until after the capture of Cornwallis & was present on that occasion seems to me to admit of no doubt - but on examining the rolls of the State Troops in the Comptroller's office I cannot find it after the breaking up of Sherburnes Regiment in April 1780. supposing that you have rolls of the State Troops of the Connecticut line I forbore to make the widow the expense getting the certificate if you have not on notice I will send a Certificate. am Sir
Your Obed t Serv t
Jesse Charlton
James L Edwars Esq Commissioner of Pensions

I Jonathan Buckland, of Ellington, in the county of Tolland, and State of Connecticut, do testify and say, that I am very near ninety years of age, and a Pensioner of the United States for services in the Revolutionary war; I was born and have lived in this Town all my life, I was well acquainted with Capt. Wareham Foster of this Town, who was early in the year 1781, appointed Captain, or conductor of Teams, in the war of the Revolution, and I, belonged to his company as Teamster; and when near White Plains, myself with five other Teamsters, left his company, who had charge of military stores, and succeeded in making our escape - though hotly pursued, and soon afterwards I volunteered to go to New London, where I served two months, and afterwards engaged to serve at Horse Neck, for one year. I know that it was early in the Fall of 1781, that I left the company of Capt. Foster, from the fact, that soon after my return to Ellington, that New London was burnt, and I immediately turned out as above stated. The said Capt. Wareham Foster was absent at the South, as he said, and was at the taking of Cornwallis, and returned to Ellington sometime in the winter, following bringing with him two large Virginia Horses.
(The word Wareham was interlined before execution above 4 th line)
Jonathan Buckland
Subscribed and sworn to this 19 th day of October 1882 before me
Isaac W. Smith Justice of Peace
I hereby certify that I have been my neighbor with Jonathan Buckland for fifteen years, & consider him a man of truth and veracity.
Isaac W. Smith Justice of Peace

State of Connecticut, TOLLAND COUNTY, County Clerk's Office.
ss. Tolland October 19 th 1854,
Mrs. Sumner Clerk of the County Court, within and for the County of Tolland, and keeper of the Seal thereof, and of the Commissions of the Justices of the Peace for said County, hereby certify, that
Joel W. Smith Esquire,
was on the 19 th day of October 1854, ever since has been, and now is, a Justice of the Peace within and for the said County, duly appointed, commissioned and sworn, with power by the laws of this State, to administer OATHS, and take the acknowledgement of DEEDS and other Instruments; that I am acquainted with his hand-writing, and that the signature to the instrument hereto annexed, purporting to be his, is his genuine, official signature.
In Testimony whereof, I have hereunto set my hand and the Seal of said Court, at Tolland this 19 th day of October 1854.
Mrs. Sumner Clerk.

Washington June 3 43
Sir.
I have the pleasure of presenting you with what I think will be satisfactory proof in support of the alleged service of Warham Foster re 1781 when widow Lucia Foster is now an applicant from the State of Conn. for a pension under the Act of July 4, 1836. Her papers are now upon your file.
I have the honor to be Yours Respectfully H. H. Sylvester
Her J. S. Edwards Conn Pension

A Bill for the relief of the Heirs of Wareham Foster deceased
Willis Allen Rev. Pensions

A Bill
For the relief of Lyman Foster and Harriet Mc Kinney surviving Children of Wareham Foster deceased.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Commission of Pensions be required to place on the roll of Revolutionary Pensions the names of Lyman Foster and Harriet McKinney, surviving children of Wareham Foster deceased, who was a Sergeant Major in the war of the revolution, and that he shall cause them to be paid the rate of pension allowed to the rank of Sergeant Major, to commence on the 24 th day of October 1846.

Pension Office January 8. 1866
Comm te of Pensions Report in the case of Lucretia Foster
The requirements of the Commissioners of Pensions in this case are well founded. The rule that the regiment, company, and capacity, in which the soldier served, shall be stated, is a necessary and salutary one, in order to test the accuracy of the allegations of his service, and cannot be dispensed with.
War Dept } Apr. 23 d 1866 }
W. L. M atthews Secretary of War.

Pension Office,
January 8. 1846.
Sir,
In the case of Lucetia Foster, dec d who was the widow of Wareham Foster, dec d I make the following report:
The claim was presented in November 1836; and in the Spring of 1838 the claimant died. The question is whether the husband served after the marriage. If he did serve, the claim should be allowed, provided the children make application; but if he did not serve after the marriage took place, the claim must be rejected.
Proof has been presented to shew that Foster was in the service after the marriage, but it is not satisfactory; and an appeal is now taken from the decision of this Office. It appears from the rolls of Sherburn's regiment, to which he belonged, that he was enlisted on the 6 th of May 1777 and was discharged on the 30 th of April 1780. The marriage took place on the 15 th of July 1781. The objections to the testimony as to the service after marriage, are
1. The regiment and company to which the claimant belonged are not set forth in the affidavits; and the regulations and the invariable practice under the regulations require the affiants to set forth such particulars.
2. The statements are improbable. One of the witnesses, Roswell Smith, swears that Foster was a Sergeant Major in the Connecticut line (in September and October 1781). We have the rolls embracing that year, and no such name appears on them. Jonathan Buckland, whose affidavit is drawn up by the same draftsman who penned Smith's statement, is in nearly the same words, but
Note for the attention of the Sec'y of War. I think R. Smith's affidavit has been misunderstood. and that the rule applied to the service in Sherburn's reg t . but to the service of Yorktown - i.e. to the Disposition and Composition of the former and the same Disposition.

I consider affidavits as entitled to but little credit, when not sustained by record evidence.
3. This claim under the act of July 4. 1836, was abandoned by the agent Mr. Jesse Charlton, in July 1838, as will be seen by reference to his letter of the 21 st of that month, marked C. But when the widow was required to make a declaration under the act of July 7. 1838, the Department was then informed that she died before the passage of the law of 1838. The claim under the act of 1836 was then revived. These circumstances cannot change the facts in the case, but they are calculated to throw a shade of doubt over such evidence as may be exhibited.
The reason of the rule to which I refer, which obliges the affiant to designate the regiment and company in which the officer or soldier served is very obvious. If such proof is not required in support of claims, there will be no end to the grossest frauds. We should never be able to detect false swearing in any case. But when the deponents are obliged to state particulars, we can refer to records to ascertain whether their statements are corroborated by them or not.
I have carefully examined the papers. The case has been frequently acted on, & great efforts have been made to establish the claim; but I cannot, consistently with the views I have of official duty, allow the claim.
The papers in the case marked from A to K, are herewith enclosed, and I respectfully ask a return of them.
I have the honor to be,
Very respectfully,
Your Obch Servt.
J. L. Edwards
Hon. Wm. L. Marcy Secretary of War.

Wareham Foster Kind of Petition praying for a pension that should have been granted to Lucretia Foster as widow of Wareham Foster who served in the war of the Revolution
Jan. 21, 1852. Referred to the Committee on Rev. Pensions
M Chapman Rev Pensions

To the Honorable, the Senate and House of Representatives of the Congress of the United States. The petition of Lyman Foster, a resident of Ellington in Tolland County, and State of Connecticut, humbly shews. That Warham Foster late of said Ellington entered the Military service of the United States, first in the Lexington Alarm, in April 1775, and immediately after, viz in May 1775, he enlisted in Capt George Richards company of State troops, and served at Roxbury & Cambridge for seven months, & soon after he enlisted into Capt Wolcotts company for six months & soon after the termination of this period he enlisted for three years into Col. Sherburnes Reg. and served first to the end of said term for the first eight months as a Serjeant, and for the last two years & four months as a Serjeant Major, and was Honorably discharged. And afterwards, viz, on the 15 th day of July 1781, he was married to Lucretia Hill of said. Join all which is fully proved by documents in the pension office with her application for a pension in her declaration presented in the fall of 1836, in which she claimed, that after her intermarriage with said Warham Foster, he again entered the Military Service of the United States, as a Conduct or of Captain of all the Trams which went from Hartford Connecticut to Yorktown, with the baggage & Military Stores which were sent from the former to the latter place, by order of Gen Washington, before the capture of Cornwallis, in October 1781. This last period of service was proved by the depositions of two credible witnesses who went down from Hartford with said Warham Foster and who saw him while there assisting in building Barracks, (as he was something of a carpenter)

no objection was made to any part of the service, before the last, in 1781; nor of the proof of the marriage: The objection to granting the pension on the proof, is in the report of the case, made to Jesse Charlton of East Windsor Connecticut, in which he says, (This was under date of November 15 th 1836.) "But before a final decision can be had, it should be known what Regiment & Company he belonged, after his discharge from Col d Sherburnes Regiment: in what character he served, and additional proof of said service should be exhibited."
The accounts of Military services rendered, before April 1781, by officers or Soldiers of Connecticut, were kept in the Books of the Connecticut pay Table, as your petitioner is informed; but not after that period. And it has been impossible for the said widow in her life time, to obtain the additional proof required: But the claim of your petitioner is that the testimony of the two witnesses, Roosevelt Smith, and Jonathan Buckland, who were both well acquainted with Warham Foster, that they went down with him to Yorktown, to the army; and afterward, during the siege, was employed in assisting therein; viz, in building Barracks for the troops; and to prove that these two witnesses were deserving of credit, their credibility was certified by the Hon John H Brockway late M. C. and Hon Benj m Pinney Judge of the County Court for Tolland County. Your petitioner claims, that this proof which would satisfy any court or jury, ought to have satisfied the Commissioner of Pensions, so that he should have granted to her, a pension, under the act of July 4 th 1836, at the rate allowed to Sergeant Mearns, in the army. And that if it had been judged on examination to have been the right of his said Mother, Lucretia Foster, that it may be granted to her two surviving children, to the

said Lyman Foster, and his his Sister Harriet M c Kinney, who are the only survi- ving children of the said Warham Foster, & the said Lucretia Foster.
That the said Warham Foster, died in said Ellington, on the No 3 28 th day of January 1817; and the said Lucretia Foster, his widow, died in said Ellington on the No 3 4 th day of April 1838
No 1
Lyman Foster
State of Connecticut, Tolland County, Is Vernon.
No 2 I Phineas Falcott Judge of the Probate Court for the District of Ellington, in said County do hereby certify, that it hath been satisfactorily proved before said Court, this day, that Warham Foster of Ellington died in said Ellington on the No 3 28 th day of January 1817; and that he left a Widow, Lucretia Foster of said Ellington, who died in said Ellington on the No 3 4 th day of No 3 April 1838, and that two children and two only survive her; viz, Lyman Foster, now of said Ellington & Harriet M c Kinney of Hartford Conn. In testimony whereof, I do hereunto set my hand, at Vernon in said District of Ellington on the first day of No 3 January A D 1852. Phineas Falcott Judge
I Moses B Bull, Clerk of the Probate Court, for the Dis- trict of Ellington & in Tolland County, do hereby certify, that Phineas Falcott Esq who has signed the above certificate, is at this time a Judge of said Probate Court, & his signature thereto is his genuine signature. In testimony whereof I do set my hand to the Seal of said Court, on this No 3 1 st day of January 1852 Attest Moses B Bull Clerk

State of Connecticut, Ss. Ellington Tolland County
I Oliver Wolcott Steele, Town Clerk and Register of the Town of Ellington aforesaid hereby certify That the records of this town do not extend back beyond the year A D 1786, at which period the said town was incorporated: previous to which time, what now composes the town of Ellington, was called Windsor Goshen, & was attached to the town of East Windsor, in Hartford County; I further certify, that I do not find any record in the town books of said Ellington of the Marriage of Wareham Foster with Lucretia Hill, under any date. And I further certify That I have uniformly understood that Daniel Ellsworth Esq, formerly a Justice of the Peace in this place kept no records of his doings as a Magistrate

which has been a subject of much complaint among us, and there is none of the family of said Daniel Ellsworth Esq. remaining among us except one granddaughter born long since the revolutionary War closed.
In testimony whereof I hereunto set my hand this 24 th day of October A 1836. Oliver W Steele Town Clerk
State of Connecticut } Tolland County, } To Ellington On this 24 th day of October 1836 personally appeared before the court of Probate for the District of Ellington in sd Tolland County the above mentioned Oliver W Steele who is Town Clerk & register of said Town of Ellington & made solemn Oath to the truth of the foregoing certificate by him subscribed. his age is 52 and he is a creditable person.

In testimony whereof I Albert Pinney Clerk of the probate Court for the Dis- trict of Ellington aforesaid hereby set my hand and affix the seal of said Court the day and year last above mentioned
Attest Albert Pinney Clerk

State of Connecticut Hartford County } To East Windsor
On this 22 nd day of October A 1836 Person ally appeared before the subscribing author- ity Mrs Hetta — Houghton wife of Capt Jonathan Houghton resident of said East Windsor aged 76 years a credible person who being first duly sworn according to law doth on oath declare
That she is the sister of Wareham Foster, late of Ellington in the County of Tolland, and State of Connecticut. That her brother, the said Wareham Foster, was out in the army thro the War: and That in the year 1781 in the Summer & I should think in the month of July her said brother Wareham Foster came home from the army & married Lucretia Hill his present widow. That her said Brother died at said El- lington about nineteen years ago, & his Widow the said Lucretia Foster has now again married, but remains the widow of her said brother, Wareham Foster, She would add, that when she the deponent was married, (at the house of my uncle Edward C Grant) in the month of Februa- ry 1782, my brother Wareham was still with the army, and his wife, the present widow Lucretia Foster, could not attend my wedding, as she was then confined with her first child: these facts she

perfectly well remembers and cannot cheat a doubt of being mistaken
Hitta Sloughton
Sworn to and subscribed the day and year before mentioned
Before me John Purley Justice of Peace
Mrs. O'Leary for Modern Sister
1860
1860

Widow Liberty Foster Mrs Smith Count slip
V N 462
3. Sec.
Mr. papers
Recd 23 Jan 1817

State of Connecticut Tolland County } ss Vernon On this 21 st day of October 1836 Personally appeared before the subscribing authority Roswell Smith a resident of said Vernon aged 78 years & nine months, a credible person who being first duly sworn according to law doth on oath declare, That he was well ac- quainted with Wareham Foster late a resident of Ellington in said Tolland County That was well knowing to the fact of his serving as a Sergeant Major in Col. Sherburnes Regiment to the close of the close of the services of that regiment in the Spring of 1780. The said Foster then came home & staid several months and then went into the service again, & while he was in the service this second time Lucretia Neill sent him word that there was pressing reason why he should return home & be married; he went home & was married, as the deponent then understood & now believes, and the depo- nent was present in the service with with the said Wareham Foster at the Siege of Yorktown & at the capture of Cornwallis at that place & the said Foster did not return until as late as late as January, 1782 deponent came away in December 1781 from Yorktown & left the said Foster there in service. Roswell Smith

Sworn and subscribed the day and year before mentioned viz on the 21 st day of October 1836 And the following words were interlined before signing & oath "was" & "1782" and the following words were erased viz "of the close" & "no later"
Before me Oliver H. King justice of Peace

Jan 3 46
K
mt. of
Wareham Foster
3688
L. T. Pease Prest

In the case of the widow of Wareham Foster There is no question but the deceased husband rendered the necessary amount of service to entitle the widow to the pension claimed. but in order to entitle the widow under the act of 1836 it is necessary that the husband should have served after the marriage, and the Commt is not satisfied with the evidence on this point.
Two witnesses both men of high character for truth and veracity swear that they saw the husband in active service with the American army at the siege of York Town in fall of 1781. & this was after the marriage -
But the Commt says that the witnesses do not state in what Reg t or Comp y under or what officers the husband was at the time serving, and therefore the evidence is not satisfactory.
But the question of service after the marriage is a collateral issue, and the evidence having been satisfactory in support of the main issue to wit that the husband had rendered the requisite amount of service to sustain the claim. I apprehend that a different rule should govern in the trial of this collateral issue, whether any service was rendered after the marriage. Now if I rightly understand the pension law of 1836 it does not require any given amount of service after the marriage. one day or one hour can must be deemed sufficient provided it be strictly military service.

rendered in good faith.
It is by no means an uncommon event in a defensive war to find volunteers serving for an hour, a day or week during a skirmish or a pitched battle or a siege who do not attach themselves to any distinct and separate Command of the Army.
Now this kind of service although it lays no foundation for a claim to a pension by the husband because a time  time and definite period of service is required, after satisfactory proof of such definite period of service, would seem to be abundantly sufficient to sustain the claim of the widow on the collateral issue whether any service was rendered after the marriage.
The only question for consideration now, would seem to be the Credibility of the witnesses.
In this case two witnesses of undoubted veracity swear that they knew Wareham Foster the husband of the applicant intimately, having been raised in the same neighborhood with him, that they the witnesses were at Fort Laron during the siege of that place by the combined forces of the U.S. & France and saw the husband of the applicant engaged in active service with the American Army; and this was after the marriage of said Wareham Foster with the applicant. Now the witnesses must have been sworn falsely or the applicant is entitled to her claim, and I cannot learn that any thing has arisen in the course of the

examination of the Cause that goes in remonstrance degen to discredit the testimony of the Witnesses

Case of Lucretia Foster
Argument to the Secretary
Filed by L. T. Pease January 26. 1846.

This is an application under the pension act of 1836 extending the benefits of the pension laws to the widows of persons who would have been entitled had they survived, but who  died died before the passage of the act of 1832; when the marriage took place before the completion of the last period of service - that is to say when there was service after the marriage -
Wareham Foster, the husband died in 1817. Lucretia, his widow survived the passage of the act of 1836, and made application for the benefits of that act in the prescribed form. This application has been rejected by the Court of Pensions and the case now comes up by appeal to the Secretary.
In this class of cases there seems to be two questions presented for the consideration of the Court, which may be regarded perhaps as two distinct issues.
1 st Did the husband render service that would have entitled him had he survived the passage of the pension act?
If this is found in the negative, it supercedes the necessity of any further inquiry and puts an end to the case, but if in the affirmative, then 2 nd It becomes necessary to inquire whether

the deceased husband rendered any service after his intermarriage with the applicant?
On the first or main issue in this case there is no possibility of raising a doubt, and accordingly the Comm't has none. The rolls of Col. Sherburne's Reg't of the Connecticut Line show the service of Warham Foster the husband from April 1777 to April 1780, that is to say from the raising to the disbanding of that Reg't, and for more than two years as Sergeant Major of the Reg't.
The husband therefore had he survived, might have claimed and would have been entitled to a pension equal to the full pay of a Sergeant Major, and to this the widow is entitled if the husband rendered any service after the marriage. This for the case is clear of all embarrassment and the main issue established in the affirmatives.
But on the collateral issue, was there service after the marriage? The Comm't has rejected the claim, and accordingly it becomes necessary to examine the evidence in support of this issue.
The claimant in her application swears, & in this she is corroborated and fully supported the three disinterested witnesses of high credibility,

That Warick Foster left the Service on furlough and came home to Ellington Court where she resided for the purpose of marrying her (the Case as appears by another witness being a prefiguring one) that they were married and that her husband immediately returned into the Service - that this took place in July 1781 - that her husband proceeded after that with the Army to York Town and was engaged in the Service at the Siege of that place as she has always understood (and that he did not return home until some months after the surrender of Cornwallis and after the birth of her first child).
Charlotte Foster testifies substantially to the same facts.
Rowell Smith swears that being in the Service at the same time and intimately acquainted with Foster he became acquainted with the fact, that he left on furlough for the purpose of marrying the applicant, that he returned to the Service and was at the Siege of York Town where he (the witness) saw him actively engaged - that witness remained at York Town until after the surrender of Cornwallis and then returned, leaving Foster still in the Service, who did not return until late in January 1782.

Jonathan Buckland testifies, that being in the being town also intimately acquainted with Foster, in the month of August or Sept 1781 he saw him Foster take his departure with the army across the North River on its way to York town. - That he (Foster) was Conductor of Artillery & called Capt
All these witnesses lived in the neighborhood with Foster before and at the time of the war and afterwards until his death. They testify to events connected with the material facts which render it impossible that they could have been misled. We must either give credit to the testimony or set the witnesses  them all as guilty of wilful perjury - There is no alternatives between.
But the high character of the witnesses for truth and integrity is, proved by the number of groups from their District J. H. Brockway & other persons of the highest respectability, and having a personal acquaintance with them all I feel that I ought not to withhold my own certificate to the good character of these witnesses With Jonathan Buckland who was a public man in his neighborhood I had an acquaintance of more than thirty years, and for ten years

that I held the office of Judge of Probate in the Probate district in which he resided, few of any estates were administered upon in his neighborhood, in which Jonathan Buckland was not appointed, or the nomination of his neighbors, either appraiser distributee or commissioner. — he was — Shewing the estimations in which he was held by his neighbors, not only for his integrity but also for his intelligence.
But on what ground does the Comm't discard this evidence?
He says —
1 st "The Regiment and Company to which the claimant belonged are not set forth in the affidavits, and the regulations and the invariable practice under the regulations required the affiants to set forth such particulars;"
But all the basis on which the pension asked for is to be based, and on which it must be computed is set forth with every particular and prouf, as the Comm't himself says, by documentary evidence.
In the subsequent Ser'm. Buckland testifies that on the March towards Lock Town Foster was serving in the capacity of Conducter of Artillery which is an officer in the 2 d M c Genel's Dept independent of any Reg't or Company, and we have here therefore all the particulars the regulations require. and certain it is that nothing more

definite is necessary in this case, because it is not proposed by the proof of this service to establish any definite or higher rank or to take out the time and add it to a former period to make the necessary length of time to entitle to a pension. The applicant only asks for a pension in right of her deceased husband's service as Sergeant Major in Harkness's Regt. a service admitted to have been established by the highest documentary evidence. So far therefore as there is any uncertainty as to the grade or length of term of this last service, it cannot present the slightest embarrassment to the Comm ee . proceeding it is satisfactory of any service, however brief as service, after the marriage.
The Comm ee says
2. "The statements are improbable. One of the witnesses, Roswell Smith, believes that Foster was a Sergeant Major in the Court line in Sept & Oct 1781. We have the rolls embracing that year and no such name appears on them. Jonathan Buckland whose affidavit is drawn up by the same draftsman who penned Smith's statement is nearly in the same words."
It might be sufficient to say of this second objection of the Comm ee , if the Secretary

had examined the evidence in detail, that no material argument in it has the slightest foundation in truth  fact - but we will take up each separate account and compare it with the facts in evidence. There are two separate affidavits of Russell Smith one attached to the original declaration of the widow and the other attached to Buckland's - it will be found on reading them that he (Smith) no where states or intimates that Foster was in service as sergeant major in the Connecticut line in the year 1781. so that if the Court had read the affidavits with ordinary care he might have spared himself an examination of the rolls of that year.
It will be necessary for the Secretary to compare the depositions of Smith & Buckland to see how nearly they are in the same words I can only say here that they depose, so far as respects the last period of service of Foster, to totally distinct facts, which would seem to require different words.
It is true that one of Smith's affidavits and that of Buckland to which it is attached are drawn up in the same hand writing. but it surely cannot be necessary to reply to such an objection, if it be, I can only say that they were drawn up by the hand of an honest man, who, when he is known, needs not my endorsement.

or that of any other man; but if it is deemed material, he can have that of a Senator and a Representative in Congress, to whom his hand writing is as well known as to myself.
The Comm. says
3. The claim was abandoned under the act of 1836 by Joseph Charlton the agent as appears by his letter to
It will be seen by a reference to the letter referred to, that the agent Charlton who is not a lawyer, soon after the passage of the act of 1838, misapprehending the terms of that act or perhaps without ever having seen it, enquired of the Comm. (the claim having been rejected under the act of 1836) whether it could not be rejected under the act of 1838. and, this act of an uninformed agent is construed into an abandonment of the claim.
If there is anything in this letter that should tend in any degree to prejudice the claim it is more than I can see.
But the Secretary will please me to call his attention to a brief summary of the case and I have done
The case first came up on the declaration of the applicant under oath, supported by the

Depositions of Charlotte Foster & Roswell Smith. And be it remembered that these persons were called upon to detail the services of Warham Foster without one scrap of documentary evidence to guide or assist their recollections.
If we now look at the declaration of the widow & the deposition of Smith accompanying it we shall see that they make out a service of three years in Col Sherburne's Regt beginning in the Spring of 1777 and terminating in the Spring 1780. and we find that the rolls of that Regt here, which were inaccessible and wholly unknown to them (for there is no record of this service nor copy of their rolls in Connecticut) fully corroborate and bear them out. In the principal facts on which lay the foundation of the claim must rest they are sustained by documentary evidence entirely conclusive. To the impartial and unprejudiced minds this would seem to carry irresistible corroboration that these persons had not only honestly stated the facts according to their best recollections, but that in the main they were correct in their statements.
In all the documentary evidence known to be extant in relation to the whole service set up, they are corroborated to the letter.
In regard to the residue, there is a fair

and reasonable presumption, that if documentary evidence now known to have been destroyed by the burning of the War Office had been preserved it would have been as strongly corroborated. No this good old lady and three worthy old gentlemen who testified in her behalf now gone, all of them to their respective account, beyond the short-sighted treacherous of living men, did not go their way with perjury as the rumor of persons would have it believed.
But Warham Foster, whom I knew well in his life time and felt for him that respect which is due to a gallant soldier who has distinguished himself on a battlefield, entered the Army again after the disbanding of Sherburne's Regt. Came home on furlough and married Lucretia, returned to the Army and marched with it as a Captain of Artillery to the Siege of York Town, and shared in the glory of that proud day for his Country. The day that witnessed the surrender of a British Army & the close of our revolutionary struggle. No one I am sure after a careful examination of the evidence in this case, can entertain a reasonable of the truth of those facts, which entitled the Widow to a pension under the

act of 1836. and now entitles her children to so much as would have her due at the time of her death
Since writing the foregoing, my attention was attracted to a note in red ink on the margin of the Comm's Report to the Secretary in the case.
I know not by whom the note was made perhaps by the Copying Clerk - but no matter by whom. Coming from a person who xxx  must only casually read the papers, to the Judge who had tried the case should and who should therefore have given it the most mature deliberation, I regard it as one of the most severe rebukes ever administered and not more severe than just
Mr P. is mistaken; the note was not seen by Mr Edwards. it was made in the Secy's office.